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Category: Mediation Practice

The Essential Guide To Marketing Your ADR Practice (Book Review) author.

The Essential Guide To Marketing Your ADR Practice (Book Review)

Author: Natalie Armstrong President, Golden Media Publishing Ms. Armstrong’s book is clear, clean, professional marketing advice for the ADR practitioner....

By Jon Linden
The Essential Guide To Market Your ADR Practice author.

The Essential Guide To Market Your ADR Practice

“Experience has taught me that there is one chief reason why some people succeed and others fail. The difference is...

By Natalie J. Armstrong-Motin
Smoke and Mirrors: The Importance of  Credibility author.

Smoke and Mirrors: The Importance of Credibility

I had just finished a landlord tenant mediation. When the clients left, I turned to the three observers, soon-to-be mediators...

By Barry Simon
Commercial Section Editorial author.

Commercial Section Editorial

Welcome to the Commercial Section. This section is devoted to the advancement of professional commercial mediation from the dual perspectives...

By Tom Oswald
The Authenticity Requirement And The Necessity For Deception In Negotiation: The Paradox author.

The Authenticity Requirement And The Necessity For Deception In Negotiation: The Paradox

“Authenticity is the greatest form of deception.” -The Usual Suspects The Usual Suspects (1995), is a movie of the film...

By Robert Benjamin
The Beatles and Mediation author.

The Beatles and Mediation

This article shows the utilization of Beatles songs as a tool for sensitizing participants in mediation. The selected music contains...

By Luis Miguel Diaz
Gut Instinct:   A Mediator Prepares author.

Gut Instinct: A Mediator Prepares

This article was originally published in Family Mediation News, the Newsletter of the the Family Section of the Association For...

By Robert Benjamin
Choosing The Right Mediator: A Guide To Effective Mediation Styles author.

Choosing The Right Mediator: A Guide To Effective Mediation Styles

Mediation is a settlement process where a third-party mediator assists the parties in negotiating a voluntary settlement of a dispute....

By Michael Roberts
To Sue Or Not To Sue: That Is The Question: Whether ‘Tis Nobler…To Mediate First author.

To Sue Or Not To Sue: That Is The Question: Whether ‘Tis Nobler…To Mediate First

With apologies to Willie Shakespeare, what I’m onto here are presuit mediations. We’ll call them, for short, “presuits.” Why do...

By Edward P. Ahrens

Mediation as an Affirmative Business Strategy

Reprinted from: "Hawaii Pacific Architecture", January 1995 Copyright © 1996 THE ROSENTHAL GROUP All Rights Reserved ADR Techniques have long...

By Richard J. Rosenthal

Introduction to the Mediator Success Graph

The Mediator Success Graph is an instrument that will assist you in evaluating your potential for success in a professional,...

By Randy Lowry
Resolving Environmental  Disputes With Environmental Team Mediation: A New Model author.

Resolving Environmental Disputes With Environmental Team Mediation: A New Model

I. THE STANDARD TRIAL MODEL We peek in at the closing arguments in the case of NewPuke Co. v. MegaDeth...

By Michael Young
Online Dispute Resolution:  Resolving Conflicts In Cyberspace (Book Review) author.

Online Dispute Resolution: Resolving Conflicts In Cyberspace (Book Review)

Order at Amazon.comIn their book “Online Dispute Resolution”, Katsh and Rifkin take on one of the most controversial emerging trends...

By Jon Linden
Mediation and the Unauthorized Practice of Law author.

Mediation and the Unauthorized Practice of Law

The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning...

By ABA Section of Dispute Resolution ABA DR Section

What About Mediators’ Needs?!!

As mediators, we feel a certain pressure to help parties meet their goals at the table, whether those goals are...

By Kristine Paranica, Linda Hendrikson, Thomas Fuchs
Mediation: an Executive’s Guide to Managing Conflict author.

Mediation: an Executive’s Guide to Managing Conflict

Business executives are spending increasing amounts of their time and money resolving legal disputes. When executives want to be concentrating...

By Michael Roberts
Litigate Or Mediate?: Mediation As An Alternative To Lawsuits author.

Litigate Or Mediate?: Mediation As An Alternative To Lawsuits

WHAT IS MEDIATION? One often hears the term "mediation" in connection with resolution of disputes which have already become lawsuits,...

By Adrienne Krikorian
I Hear What You Are Saying, But What Are You Telling Me (Book Review) author.

I Hear What You Are Saying, But What Are You Telling Me (Book Review)

Order at Amazon.comMost people practicing ADR would agree that there is a lot of communication that occurs non-verbally in the...

By Jon Linden

Managing the Mediation Environment

This excerpt is reprinted with permission from Jossey-Bass, A Wiley Company. It is drawn from I Hear What You Say,...

By Barbara G. Madonik
In Search Of An Occupation author.

In Search Of An Occupation

After four years of trying to enter the mediation profession, I came to the conclusion that there is no mediation...

By Barry Simon

The Role of Attorneys in Special Education Mediation

A Briefing Paper from The Consortium for Appropriate Dispute Resolution in Special Education (CADRE)This document was developed by CADRE,a project...

By Edward Feinberg
How Military Strategy Argues for the Increased Use of Mediators in Land Use Approvals author.

How Military Strategy Argues for the Increased Use of Mediators in Land Use Approvals

A developer I work with finds the typical land use approval process so grueling and disruptive that he has, at...

By Sean F. Nolon

Ethical Guidelines for Disputants? Why Not?

The past quarter century has witnessed phenomenal growth in the mediation field in North America and with it the development...

By Lyn Kendrick
Encouraging the Use of Mediation by Families from Diverse Backgrounds author.

Encouraging the Use of Mediation by Families from Diverse Backgrounds

This document was developed by CADRE, a project of Direction Service pursuant to Cooperative Agreement CFDA H326D98002 with the Office...

By Anita Engiles, Catherine Fromme, Philip Moses
Enforcing Agreements Made At Mediation author.

Enforcing Agreements Made At Mediation

You and your clients have just gone through a lengthy mediation. After hours of hard bargaining, a settlement finally is...

By Michael P. Carbone
Email Management and Etiquette author.

Email Management and Etiquette

Remember your first typing class (for those of you who had the opportunity). There was keyboarding to learn but there...

By Jim Melamed, John Helie
Mosten Lays It Out, Step by Step author.

Mosten Lays It Out, Step by Step

Order at Amazon.com In truly one of the finest books on building a mediation practice ever to be published, Mosten...

By Jon Linden
The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization author.

The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization

Book Review: The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization by Barbara Ashley Phillips...

By Jonathan W. Reitman
National Tragedy Brings out the Best in Litigators & Litigants author.

National Tragedy Brings out the Best in Litigators & Litigants

The barbaric terrorist attacks of September 11 have brought out the courage, patriotism and selflessness in millions of Americans. It...

By Deborah Rothman
A 12 Step Approach to Enhancing Your Alternate Dispute Resolution Practice author.

A 12 Step Approach to Enhancing Your Alternate Dispute Resolution Practice

Thinking of ways to enhance your ADR practice? Join the club. The 40-hour divorce mediation training classes are packed to...

By Anju Jessani

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